General Terms and Conditions (AGB)
General Terms and Conditions (GTC) of IronMaxx Nutrition GmbH & Co. KG, Wegelinstraße 15, 50354 Hürth, Germany, hereinafter referred to as "IronMaxx", apply to all contracts, deliveries and other services.
§ 1 General
- We - the company IronMaxx Nutrition GmbH & Co. KG, Wegelinstr. 15, 50354 Hürth - deliver exclusively in accordance with the following terms of delivery and payment. We object to the customer's terms and conditions of business and purchase.
- Our offers are subject to change. The analysis values of our goods are subject to the usual fluctuations of natural products, unless we expressly give a written guarantee. We reserve the right to make technical changes as well as changes in form, taste, recipe, packaging, size, color and/or weight within reasonable limits.
- The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the "Buy"/"Order with obligation to pay" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent together with acceptance of the order by automated e-mail immediately after it has been sent. The purchase contract is concluded with this e-mail confirmation.
- The contract language is German.
§ 2 Contractual partner
- The customer's contractual partner is IronMaxx Nutrition GmbH & Co KG, Wegelinstr. 15, 50354 Hürth, Germany. Sales based on online orders via the Internet or other online services such as eBay constitute a concluded purchase contract within the meaning of §433 BGB.
§ 3 Deviating conditions of the customer
- The contract between the customer and "IronMaxx" is governed exclusively by our General Terms and Conditions. Insofar as the customer's terms and conditions deviate from these in whole or in part, they shall not become part of the contract, even if they have not been expressly contradicted. This shall only not apply if "IronMaxx" has expressly agreed to the customer's deviating GTC in writing.
§ 4 Right of withdrawal
§ 5 Liability regulation
- We are not liable for damages that have not occurred to the goods themselves and for financial losses of the customer. Otherwise, we shall only be liable if we, our legal representatives or vicarious agents have acted with intent or gross negligence and in the event of culpable breach of material contractual obligations. In the event of culpable breach of material contractual obligations, liability shall be limited to compensation for typical foreseeable damage. The above exemption from liability does not apply to personal injury, fraudulent intent, if we have given a written guarantee, or in the case of mandatory statutory liability. We expressly point out that chocolate may melt at high outside temperatures. We accept no liability for this.
§ 6 Data protection
§ 7 Delivery times
- If we are late with the delivery and the customer has unsuccessfully set us a reasonable deadline, he can withdraw from the contract. Claims for damages by the customer for breach of duty are excluded, unless we or our vicarious agents have acted with gross negligence or intent.
- Unforeseen events for which we are not responsible (e.g. energy shortages, delays in the delivery of essential components or other materials, import difficulties, operational and traffic disruptions, strikes, lockouts, force majeure) shall extend the delivery period. If we are unable to perform even after a reasonable extension of the delivery time, both the customer and we shall be entitled to withdraw from the contract. Claims for damages by the customer are excluded.
§ 8 Shipment and transfer of risk
- Shipment ex works or warehouse shall be at the customer's expense. The shipping route and shipping method shall be determined by us. We shall only be obliged to take out transport insurance if expressly instructed to do so in writing by the customer; the costs of such insurance shall be borne by the customer. The dispatch of the goods, even without insurance, shall in no case be at the risk of the consumer.
- If we have notified the customer that the goods are ready for dispatch or collection, the risk shall pass to the customer if he does not call for or collect the goods within the reasonable period set by us.
§ 9 Prices, payment and voucher codes
- Quoted prices are only binding if they have been confirmed in writing in the order confirmation or invoice. All prices are quoted in EURO including VAT plus shipping costs. Discounts are not granted. You can choose to pay by purchase on account, credit card, SOFORT bank transfer or PayPal. The payment method stated on the offer or order confirmation is decisive. In the event of late payment, we are entitled to charge interest on arrears at a rate of 2% above the federal discount rate.
- Your credit card account will be debited upon completion of the order.
- Ironmaxx voucher codes can only be redeemed in our webshop at ironmaxx.de. Cash payment is not possible and change cannot be given. No replacement is possible if the voucher code is lost. Ironmaxx voucher codes lose their validity when redeemed in our online store. Ironmaxx voucher codes cannot be combined with other discount campaigns.
§ 10 Cost bearing agreement
- The return of the goods is free of charge for you within Germany. For all other countries, the return of goods is subject to a charge. Please note that postage and customs charges will be incurred.
§ 11 Retention of title
- The goods remain the property of "IronMaxx" until payment has been made in full. The customer may only sell the reserved goods in the ordinary course of business under normal business conditions, so that the claims from the resale are transferred to us. The customer hereby assigns these claims to us.
§ 12 Warranty
- "IronMaxx" warrants that the goods sold are free from material and manufacturing defects at the time of the transfer of risk and that they have the contractually warranted characteristics. Upon arrival, the customer must inspect the goods immediately for defects and quality. In the case of obvious defects, these must be reported to us in writing within 7 days of discovery, as must hidden defects. Otherwise the warranty for these defects shall lapse. The warranty does not extend to normal wear and tear. The warranty expires if the customer modifies the delivered goods. "IronMaxx" has the right to rectify defects free of charge during the warranty period. Partial or complete replacement of the item is permitted. If defects are not rectified within a reasonable period of time, the purchaser is entitled to rescission or reduction. The following applies: § 476a BGB.
§ 13 Final provisions
- The law of the Federal Republic of Germany shall apply exclusively.
- The place of performance for both parties to the contract is Cologne. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall be Cologne. The same shall apply if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if his place of residence or habitual abode is unknown at the time the action is brought.
- Verbal collateral agreements do not exist. Amendments and supplements to the contract and these terms and conditions of delivery and payment must be made in writing. This also applies to any waiver of the written form requirement itself.
- Should one or more provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the invalid provisions shall be replaced by valid provisions that come closest to the economic purpose pursued.
Tel.: 0800.2200099 (freecall) | Email: info@ironmaxx.de
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